OMAHA, NE -- The state Supreme Court will hear arguments Sept. 7 on the legality of Bankshot, a risk-reward tic-tac-toe style videogame that the Nebraska attorney general said is a game of chance and therefore gambling.

Game developer John Fox of American Amusements Co. said he consulted with the Nebraska State Patrol several years ago to ensure the game conformed to state laws. Greater American Distributing of Omaha began selling Bankshot in 2008. American Amusements is based in Bellevue, WA.

After state police started confiscating Bankshot games from bars last year, the developer and distributor sued the state.

Judge Steven Burns of the Lancaster County District Court found that two Bankshot modes (fast and slow) are illegal, but one mode, known as "spin," is not because its outcome depends predominately on a player's skill.

Attorney General Jon Bruning is appealing that ruling to the state's high court, according to the Associated Press. | SEE STORY

The AG's office said it wants authorization to remove nearly 500 Bankshot games in the state.